Pro Arc International Pty Limited trading as World Gym Australia v Reddington [2020] NSWSC 1274

Supreme Court New South Wales

Medium Neutral Citation: Pro Arc International Pty Limited trading as World Gym Australia v Reddington [2020] NSWSC 1274 Hearing dates: 14 September 2020 Date of orders: 15 September 2020 Decision date: 14 September 2020 Jurisdiction: Equity - Commercial List Before: Henry J Decision: See paragraph [52]. Catchwords: EQUITY – Interlocutory relief – where plaintiff seeks to restrain defendants from operating a gym facility – where plaintiff established a serious question to be tried – whether balance of convenience favours the grant of an injunction – whether damages an adequate remedy – where gym would close and cause hardship to third party gym members, employees and contractors if injunction granted – where risk to plaintiff's reputation and potential loss of gym's membership base if injunction refused – where case will proceed to final hearing on liability in four weeks – interlocutory relief as sought refused – interlocutory relief granted for plaintiff to appoint a manager of the gym facility Legislation Cited: Nil Cases Cited: AMMG Pty Limited v Arndell [2016] NSWSC 203 Australian Broadcasting Corporation v Lenah Game Meats Pty Ltd (2001) 208 CLR 199; [2001] HCA 63 Australian Broadcasting Corporation v O'Neill (2006) 227 CLR 57; [2006] HCA 46 Beecham Group Ltd v Bristol Laboratories Pty Ltd (1968) 118 CLR 618; [1968] HCA 1 Castlemaine Toohey Limited v South Australia (1986) 161 CLR 148; [1986] HCA 58 Texts Cited: Nil Category: Procedural and other rulings Parties: Pro Arc International Pty Limited trading as World Gym Australia (Plaintiff) Travis Reddington (First Defendant) World Gym Southside Pty Limited trading as World Gym Southside (Second Defendant) Representation: Counsel: M Weightman (Plaintiff) M Darian-Smith (Defendants)